The implementation on the amendment approved by the parliament in April this year was to be started immediately but now it is being delayed because of legal challenges the legislation faces in the apex court.
More than a dozen petitioners have challenged in the Supreme Court some key provisions of the constitutional amendment including one proposing a new mechanism for appointments in the higher judiciary.
A 17-member larger bench of the court is hearing these petitions on a daily basis after clubbing all of them together.
A parliamentary commission Prime Minister Yousaf Raza Gilani formed in April to oversee the implementation process is apparently shying away from undertaking the task assigned to it because some of its members argued they should not take up a ‘sub judice’ matter. A Latin term, sub judice refers to an under judgment case in the court of law.
At a meeting here on Tuesday with Senator Raza Rabbani in the chair, the commission considered two proposals—either to delay implementation on the entire amendment or on those parts which have been challenged.
Participants of the meeting said most members were of the view that the government must not anger the court by taking administrative decisions.
According to them, there was ‘tacit’ agreement among all the members of the commission that the government must start the implementation process once the Supreme Court decides on the petitions.
Nothing can be predicted accurately but it looks the decision might be out in weeks. A final decision on whether to go ahead with the implementation immediately or defer it would, however, be taken at the commission’s meeting with Gilani, possibly next week.
In the meanwhile, a handout statement said the commission reviewed the overall progress on the implementation of the amendment. It approved the rules of procedures and conduct of business of the commission.
It also approved draft of rules of procedures for the Council of Common Interest (CCI), a summary of which would be sent to the premier. The commission approved a draft for the circulation of a relevant part of the 18th amendment for circulation to authorities concerned at both the federal and provincial levels.
The commission decided that it would request experts in the field of administration, finance and law to assist the commission in its working. It was further decided that such expert members should not be more than four. The next formal meeting of the commission will be held on June 18.
Published in the Express Tribune, June 9th, 2010.
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